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Domestic Violence Orders – Is a DVO Necessary Or Desirable

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When is a Domestic Violence Order “Necessary or Desirable”?

Under s 37(1) of the Domestic and Family Violence Protection Act 2012 (Qld) (‘the DFVPA’), the court may only make a domestic violence order if it is satisfied that:

• A relevant relationship exists between the aggrieved and the respondent;
• The respondent has committed domestic violence (‘DV’) against the aggrieved; and
• The domestic violence order (‘DVO’) is necessary or desirable to protect the aggrieved from domestic violence.

The “necessary or desirable” test

The District Court case of MDE v MLG & Queensland Police Service [2015] QDC 151 sets out a three-stage process applied by the court in determining whether a domestic violence order is necessary or desirable.

Firstly, the court will assess the risk of future DV occurring between the parties if no order is made. The court does not need to be satisfied that future domestic violence is “likely” to occur, but the risk of future domestic violence must be a real one, not merely a possibility or speculation.

Secondly, the court will assess the need to protect the aggrieved from the risk of domestic family violence (DFV). The need for protection does not need to be significant or substantial, but it must actually exist.

Finally, the court will consider whether making a DVO is necessary or desirable to protect the aggrieved from the risk of domestic violence.

The court does not have to find that a domestic violence order would be both necessary and desirable. An order may be made even where doing so would be necessary but not desirable, or desirable but not necessary.

In the recent Magistrates Court decision of Queensland Police Service v MAG (re TLS) [2025] QMC 2, the court made a DVO which was opposed by the aggrieved and her parents.

The court held that due to the extreme seriousness of the respondent’s threats against the aggrieved, and a lack of therapeutic intervention to prevent the respondent’s behaviour from reoccurring, the ongoing protection provided by a domestic violence order was necessary even though none of the parties named in the order found it desirable.

Meaning of “necessary” and “desirable”

The terms “necessary” and “desirable” are given their plain English meaning. A DVO will be necessary where it is needed to be done, and desirable where it is worth having or doing.

In the context of a domestic violence application, the phrase “necessary or desirable” is interpreted broadly by the court so that an aggrieved person can be properly and appropriately protected from the risk of domestic violence.

Factors which must be considered by the court

When deciding whether a domestic violence order is necessary or desirable to protect the aggrieved from DFV, the court must consider the administrative principles of the DFVPA, including:

• That the safety, protection and wellbeing of people who fear or experience domestic violence are paramount;
• That people who fear or experience domestic violence should be treated with respect and disruption to their lives should be minimised;
• That the views and wishes of people who fear or experience domestic violence should be sought before a decision affecting them is made;
• That perpetrators of domestic violence should be held accountable and, if possible, provided with an opportunity to change; and
• That any response to DV should take into account people with characteristics that may make them particularly vulnerable to domestic violence, such as women, children, Indigenous peoples, people with disabilities, LGBTQIA+ people, and elderly people.

The court must also consider the respondent’s criminal history and domestic violence history, and whether the respondent has previously failed to comply with an intervention order made against them.

The court is required to take the above considerations into account, but is not limited to those considerations.

Additional relevant considerations

Other relevant factors taken into account by the court may include:

• Any evidence of past domestic violence and conduct which does not form part of the respondent’s criminal or domestic violence/DFV history;
• Evidence of genuine remorse, rehabilitation, or medical or psychological treatment on the part of the respondent;
• Compliance with any temporary protection orders/TPOs;
• Evidence of the parties’ future personal and family relationships, including opportunities for future communication; and
• Any changes in circumstances (such as the parties separating or one party relocating to a different place).

If you would like assistance applying for or responding to a domestic violence application, temporary protection order or police protection notice, call Aitken Whyte Lawyers Brisbane on 07 3229 4459 to speak to a professional solicitor, or follow the links below for more information on Domestic Violence.

Further Information

Our Brisbane lawyers have answered some common questions below:

What Is Domestic Violence in Australia?

Who Can Apply for A Domestic Violence Order?

Who Is the Aggrieved and Who Is the Respondent? Who Else Can the Order Include?

When Will the Court Grant an Application for A Domestic Violence Order?

What Conditions Does A Domestic Violence Order Impose?

What Options Does A Respondent to An Application for A Domestic Violence Order Have?

What Is A Temporary Protection Order (TPO)?

How Long Does A Domestic Violence Order Last?

Can You Apply to Vary A Domestic Violence Order?

What Happens If You Breach A Domestic Violence Order?

What If You Have Family Court Orders or Proceedings Before the Family Law Courts?

Will A Domestic Violence Order Revoke Your Weapons Licence?

Should You Consider Written Parenting Arrangements?

What Is the Offence of Choking, Suffocation, Or Strangulation in A Domestic Setting?

Office Location and Contact Details

Brisbane

Aitken Whyte Lawyers Brisbane
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Brisbane QLD 4000

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